Soil Conservation (Amendment) Act 1996 (No. 24 of 1996)

P.AR1..J.~A.,rv.'i FJ·N' Fl" QV TH ii', ",F ~ ·r~ ~ ,", <) ~ • '/ ( ,l.l L. L.L J..; .....Jl\·HFL h \ l . ., . SOCIALiST REPUBLIC 01 SRI LAN'KA SOJl, CONSERVA:TION (Al\lEND l\1ENT) xcr.. No. 24 OF 1996 [Certified on 27th August, 1996] P"inted on the Order of Government. Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of August 30. 1996 PRINTED AT THE DEPARTMENT OF c;OVF-Rl'MENT PRINTING, SRI LANKA TO BE PUROHASED AT THE COVERNMENT PUBLICATIONS BUREAU, COLOll.fDO Price: 90 cents. Postage: Rs. 2.00 Soil Conservation (A meudmellt) .l1ct, No. 24 oJ. 1996 [Certified on 27th August, 199G] L. D.-O. 48/92 AN ACT TO AMEND TilE SOIL CONSERVATION Acr BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: 1. This Act may be cited as the Soil Conservation (Amendment) Act, No. 24 of 1996 and shall come into. operation on such date us the Minister may appoint by Order published in the Gazette. Sh(J) t lit Ii: and dute of operation. 2·. Soil Conservation Act (hereinafter referred to as I the principal enactment ") is hereby amended by the substitution fer the long title thereof of the following:· tt AN ACT TO MAKE PROVISION FOR THE ENHANCEMENT i\l'.ll I SUDSTENAKCE OF PnODUCTIVE CAPACITY OF' THE SOIL; TO RESTORE :J;;;GIlADl'~U LAr\l1 FOil TIlF. l'IlEVENTIO;-'" ,. ;-';'1 ~TlTrG,\Tln.' OF SOIL nOSION ; FOR THE CONSERVATION OF SOIL RESOURCES AND PROTECTION OF LAND AG".INST DAMAGE 13Y FLOODS, SALINITY, ALKALn.,t"Y WATER LOGGING. DHOUGHT; AND TO !'HOVIDE FOR M.'\1"l'FJlS CON~E<:T1".D TIITm:wrrn on lliCIDEI\'lAL TJIf.ny.TO. ", Replucemeru of the long title to Chapter 450. Xc~eIilO'lUi of scctiona lA, In, tc, arid 1n in the pr iruipal enactment to as the II Board. "). (2) The Board shall consist of the follow ing members who shall be appointed by the Minister, appointed under Article 44 of the Constitution,' to be in charge of the subject of Agricul t ure : (a) the Secretaries of the Ministries of the Ministers appointed under Article 44 of the Constitution in charge respectively ol the subjects of (i) Environment; (ii) Land; ESl:lblish mcnt of the s-n Conservation Board. ~. The toUO'1V~U~ l\.{;~l i<.::c,10l!!! are bsrebj' Inserted ilurllWi~t~ly Gf~~r li-xtk'!l i d t'J~ l!tincJ.p.>l ~Ur.\:~m~mt and shall ho:~re effect as section 1h, ill, Ic and ID respectively of that cnactmcnt r-> lA. (1) There shall be established a Beard which shall be called the Soil Conservation BO~Jrd (hereinafter referred 2 Soil Conservation (Amendment) Act, No. 24 of 1996 (iii) Mahaweli development; (iv) Housing and Construction; (v) Highways; (vi) Plantation Industries; (vii) Agriculture; (viii) Finance; (ix) Provincial Councils; (x) Mines and Minerals; (xi) Forestry; (xii) Irrigation. (b) the Director-General of Agriculture j (c) Director of Coast Conservation; (d) the Dlrector-Ge neral of the Board of Investment of Sri Lanka; estab lished by the Board of Investment of Sri Lanka. Law, No.4 of 1978; (e) the Direetor-General of the Urban Development Authority; establish ed by the Urban ]).'}"v'elap:mtnf Authority Law. No. 41 of 1978 ; (f) the Chairman of the Central Environ mental Authority established by the National Environment Act, No. 47 of 1980; (g) a representative each from two non governmental organizations engaged in activities related to soil conserva tion and land use (hereinafter referred to as appointed members") ; (h) the Board may with the concurrence of the Minister co-opt a maximum of two persons or officers who have special knowledge in relation to the subjects referred to in paragraph (a) Soil Conservation (Amendment) Act, No. 24 of 1996 3 Chairman Dnd Secretary or the Board. (3) Secretaries to the Ministries of the Ministers in charge of the subject of Agri culture in Provincial Councils may be invit ed to attend meetings of the Soil Conserva tion Board, when matters relating to 0 particular Provincial Council is taken up at the meetings of the Board. (4) (a) An appointed member may, at any time resign his office, by letter address ed to the Minister. (0) The Minister may, at any time remove an appointed member from office, without assigning any reason therefor. (c) Subject to the provisions of paragraphs (a) and (b) the term of office d an appointed member shall be three years. (d) Where an appointed member vacates office by death, resignation, removal' from office or otherwise,' the Minister may appoint another person from the non-governmental organization to which such member belong ed, in his place: Provided that a member appointed under this paragraph shall hold office f, If the remainder of the term of office of the member whom he succeeds. (e) INhere an appointed member is by reason of Illness or Infermity or absence from Sri Lanka temporarily unable to perform the duties of his office. the Minister may appoint another person from the non governmental organization to which such member belongs to act in his place. 1n. (1) The Secretary to the Minister appointed under Article H of the Constitu tion ill charge of the subject of Agriculture shall <let as Chairman of the Board. 4 Functions of the Board. Soil Conservation (.4.mendment) Act, No. 24 of 1996 (2) The Direc tor-General shall act as the Secretary to the Board. Ic. (1) The functions of the Board shall be (a) to propose measures, and co-ordinate activities. research and programmes, relating to (i) the enhancement and the sustenance of the productive capacity of the soil; (Ii) the restoration of the productive capacity of land which has been degraded due to the lack of proper conservation measures; (iii) the protection of land vulnera ble to degradation; (iv) the conservation of water and watersheds, in so far as it is necessary for the conserva tion of the soil and the: maintenance of its produc tivity; (b) to prevent soil erolon resulting from non-agricultural activities leading to (i) siltation or degradation c:xf agricultural land of a degree likely to affect the produc tivity of such land; and (li) siltation of water bodies and irrigation systems capable of supporting agricultural pro ductivity ; (c) to administer and manage the soil Conservation Fund estabkshed by section In; and .soli Conservation FW1d. Soil Conservation (Amendment) Act, No. 24 of ]996 (d) to advise the Minister on the implementation of the provisions of this Act. (2) The Board may, Ior the purpose of facilitating the technical work of the Board, consult the Land Use Planning Committees at the Provincial District and Divisional Secretary levels constit uted by the Ministry of the Minister in charge of the subject of Lands. Iu. (1) There shall be established a Fund called the .. Soil Conservation Fund ''. (2) (a) There shall be paid into the Fund (i) all such sums of money as may be voted from time to ume by P... rJia rncnt for the use uf tire Fund ; (ii) all sums of money required to be paid into the Fund under this Act or <lI1)' other written 10lW; (iii) any donation or gr ant from local or .foreign sources; and (Iv) all such S11nlS of money as the Eourd may from time to time dctcrnune as being payable into the. Fund" ; (b) There shall be paid out of the Fund, all such sums of money required to defray any expenditure incurred by the Director General in the exercise, discharge and per formance of it-; powers, functions and duties under this Act or any other written law, and all such sums of money as are required to be paid out of such Fund by or under this Act. '. 4. Section 2 of the princlpct enactment is hereby amended as follows: (1) by the repeal of subsection (1) thereof and substitu tion thQrQ.C.nr. of the following subsection: Amendment of section 2 of thr. principal enactment, a Soil Conservation (A mendmcJl!) Act, No. 2·1 of 19% " (L) It shr.ll be tho duty of the Direclor Gc;~er(ll to cause, su r vcys and in\'esti)~~ti(;ns tc 00 J::.:;rie for UJl: purposes of ascertaining the ll<.lture and extent of land degrndation due to vnricus factors including Iiooris drour ht s, s;;Lni:;iILm, d(~~l'r:.iflc:Jtio::. s;] tat icn arid soil C:'C~;v:l ;,LU uI l:ni,LJling the Mini:;ter to determine the: iHC:lS w!,ich should l.e declared under this Act to be cc ncervat.on areas II ; Amendment u! sccunn ~ of the principul l'na:t:l1l'n!. (2) by :!Je substitution for the words "Soil erosion ", in 11.l: l11ar,l.~iJ.<::.1 note thereto of the words .. Land deu~;d<.l­ lion. ". 5. Sc' ': inn ~ of the pr incipal enactment is hereby amended (IS fullows: [-j ::.1.' :,1: .:it.::,u:, Iur tile words .. to :,e an ero.i.hle area ", of the words II to be a ccnscrvat ion area II ; (2) by the substitution for the words :'1 the maruinal not thereto .. conservation areas. ". .. erodible arC:<Js II of the words Amendment of section .; of the principal enactment. G. Section 4 of the principal enactment is hereby amended [IS fellows: (1) hv [he substitution for the words "erodible area" nnd "erodible are as ' wherever such words occur in that secttion of the words II conscrvat icn are;.; " and I. conservat.on areas" .respcctivcly. (2) by the inserten immediately after paragraph (b) t he rcr I, of the following new paragraph : Cl (bb) prohibiting or restricting the extraction of any material from a stream course or stream bank or the disposal of any material on any stream bank or into any stream that may lead to the erosion of the stream bank ;" (3) by the addition immediately after paragraph (e) thereof of the following new paragraph: " (f) authorising any prescri?ed officer' or person to give directions in respect of the procedure to be adopted to enhance the productivity of degraded lands; ~'oil COIl~CTvat ion (.4 mClldmcntj ./lel, No . 2·1 oj 1!J9G 7 (g) allthorising any p:-escrioeG ofhccr or r.l'fson to give direct :ol1s in respect of ~hc J)ro ', ::,!l. r c to be adopted for the conservauo-, of water and \':atcrs: :ui :; ". i. Section;'j c f the r:' ;;:c:p:ii (.·I1 :;rt;':C:1~ is i.crcby arncudc.] as follows: (1) by lilt: sa b5tit llt ic,1; [. j;' ~:;e worri s " l' ;'c:u i :j:c arca " and "erosion " re spectively of the words "conservat ion area II and "degradation II ; (2) by the substitution Inr the words" eros ion 'I in the marginal note thereof, of the word "degradation ", A mr-nr! rr. r n I tlf ~ ( ' \": lun t or the f.1 :: :c jJal enactment. S. The fol1o\\'in~ new secti on is l:cr<:Dy i:l~e:-tl'd imrncdiatcjy after section 5 of the principal enactment and shall have ~fic:ct as section 5A of that enactmcnt rL, Dell·ga.t1on q! Power's 5... , the Director-Gener;,l may dcle~ate to thc Divisional Secretary in ch:lrge of n Division, any power, dt:~:.. C1' function conferred Q7 !lOpoWed 0D. (:;- r :.,Ir:..p~~, to, him i:1S( rt:o:; c l new ~ (' r t j on :'A ::1 the principi enactment. cmeudc-l by the inse rt.ion ::r;:))('(l::ltdy a[ter :l :lr; , ~;:' ai)h (it) thereof o! the Iol lo wing Z:C\\· l J;l: ':i ;;rap :l : is hereby I'.;-:H: r.:!mc:r.t o~ ~;t' rtl('n ( ,,~ :ht> prmc ir.u l enactment. Cl (hh) measures to cc taken by O\'::1-:>r<; (of l and to protect land vuln urablc to c!cgr.:c1at:e': !1 and to increase the productive capacity of such lands; (11h1l) the measures to be taken to conserve water and watersheds in so far as it is neccsscry [or the ccnscrvatiou of the soil; " 10, Section 11 of the principal enactment is hereby amended by the substitution for the words II fine not exceeding five hundred rupees" of the words" finc not less than one thousand rupees and not exceeding five thousand rupees '', Amendment ot scctlou 11 vI (lie prillcipul cnactulcnl 11. Ser-tion 12 of the principal enactment is hereby repealed and the following section is substituted therefor: Rf'placement of section 12 of the principal enactment, 8 Interpre tation. SoH Conseruction (Amendment) Act, No. 24 of 1996 12. In this Act unless the context other wise requires-: " I3oard" means the Soil Conservation Board established by section 1A ; " Director-General" means the Director General of the Department of Agriculture; II FW1d " means the Soil Conservation fund established by section 1D; " owner" in relation to any' land includes the lessee 01" mortgage of the b led; "water bodies " include reservoirs, arti ficial tanks, livers, streams, canals and kandura, '. 8inhcla te:q; to prevail in C8~ of Inu;ro.d~,l'P.-l7 12. In the event of any inconsistency between the Sinhala and Tamil t<:,J:;~,g of thifl. Act, the Sinha1a. te~oj; · ;."b.al! pr.evn.H.,